July 18
Mike Adkins vs. Vickie Hall, estate of Michael D. Hall
PA-Arden J. Cogar Jr.; J-Hoke
* Staci Adkins, 15, of West Hamlin seeks approval of a $150,000 settlement with two insurance companies for serious injuries resulting from a head-on auto collision in May 2006 on W.Va. 3 near Danville in Boone County. Mike Adkins, Staci’s father, details more than $196,000 in medical expenses, acting on behalf of his daughter.
Case number: 08-C-75

July 25
Juanita Bragg vs. Nelwyn Adkins, Gary Adkins and Lyle Adkins
PA-W. Dale Greene; J-Hoke
* Plaintiff seeks court approval for use of a right-of-way through bottom land on the Adkins property when high water of Big Creek hinders normal passage. Braggs claims use of this right-of-way for eight years before “defendants, or one or more of them, became angry over his or their perception of the amount of FEMA money obtained by plaintiff for certain flood damage …”
Case number: 08-C-77

July 29
Danny Charles Adkins vs. Kenneth Ray Adkins
PA-pro se; J-Hoke
Petitioner claims he has asked K.R. Adkins to remove “a trailer and all things belonging to him” based on the “wrongful occupation of residential rental property.” The case was removed from Magistrate Court when K.R. Adkins claimed he is an heir to the property on Ten Mile Road in Ranger.
Case number: 08-C-78

Aug. 1
Howard C. “Bill” Adkins, Brandon Johnson, Gary L. Adkins and Donald R. Johnson vs. Rodney Donahue and Kenneth Donahue
PA-Boyce Jarrett; J-Hoke
* Plaintiffs seek a total of $25,000 with 10 percent interest on real estate to be sold at public auction. Defendants are officers and shareholders of Bill Adkins Inc., a Florida corporation doing business as “Dee an Lee Well Drilling.”
Case number: 08-C-81

Aug. 6
Scott Hudson and Laurie Ann Hudson vs. William J. Lester Jr.
PA-Francis M. Curnutte III; J-Hoke
* The Hudsons seek compensatory damages for a March 2007 auto accident on W.Va. 214 in Lincoln County.
Case number: 08-C-84

Aug. 7
Don K. Davis and Johnnalyn M. Davis vs. United Teacher Associates Insurance Company, Dale Myers and Sandra Hall, and Does 1-20
* Don Davis says UTA failed to pay insurance benefits. He says he changed his existing cancer insurance policy by increasing the amount of coverages and that his “current policy” would remain in effect while changing benefits. Davis says he made repeated calls to defendants from November 2004 to June 2006. The second police was issued on July 27, 2006, he says. About a month later, he was diagnosed with cancer. On Sept. 5, he submitted a claim for benefits. On Sept. 19, 2007, UTA denied his claim, saying the original police was canceled and “the second cancer insurance policy was not in effect at the time of loss.” He says UTA also continued to try to collect premiums.
Case number: 08-C-86

Aug. 7
Rexel B. Cooper and Bruce A. Cooper, co-executors of the estate of Jackie D. Cooper vs. Mylan Inc. fka Mylan Laboratories Inc.; Mylan Bertek Pharmaceuticals Inc.; Mylan Pharmaceuticals Inc. and Eli Lilly and Company
PA-Timothy C. Bailey; J-Hoke
* The plaintiffs says the drug Phenytoin was responsible for personal injuries and the wrongful death of Jackie D. Cooper. They claim the defendants “were engaged in the business of testing, manufacturing, packaging, marketing, labeling, adverse drug event reporting or non-reporting, distribution, promotion and/or sale of Phenytoin.” It also says Cooper’s physician “was deprived of the ability to full assess the risks when making the decision to prescribe these drugs due to the defendants; deficient and inadequate warning.” Cooper, a former Lincoln County sheriff, died Aug. 7, 2006. “His death certificate states he had cardiac arrest and multi organ failures resulting from ‘toxic epidermal necrolysis.’”
Case number: 08-C-87

Aug. 14
William David White-McCormick vs. WesBanco
PA-Boyce Griffith; J-Hoke
* Plaintiff, a minor adopted by a Sod couple in August 2003, seeks $20,000 from the bank now that he has attained the age of majority. The $20,000 was a cash settlement in May 2000 resulting from a civil action in Lincoln Circuit Court. The mother and legal guardian was authorized “to deposit the settlement in an interest bearing account … until the infant attains the age of majority.” The money was deposited in the Dunbar WesBanco branch, where a CD was titled “Diane McCormick Trustee for William David White” instead of Legal Guardian. The bank refused to surrender the funds to the petitioner.
Case number: 08-C-91

Aug. 28
Barbara Miller vs. Wells Fargo Financial West Virginia Inc.
PA-Jennifer S. Wagner; J-Hoke
* Miller of Branchland says the defendant engaged in predatory lending over a mortgage she couldn’t afford. She was given a home equity loan of $34,636 but says the total market value of her home was about $24,000. She says Wells Fargo didn’t arrange for an independent appraiser. She says she was “an unsophisticated consumer” when she began to struggle with payments and the defendant began to engage in abusive and illegal debt collection.
Case number: 08-C-94

Sept. 8
Beneficial West Virginia Inc. vs. Jerry and Jaynie Davis
PA-Kurt J. Winter; J-Hoke
* Beneficial says the West Hamlin couple owes $16,593 plus interest on an account.
Case number: 08-C-99

Sept. 9
George Balderose vs. Eric Balderose
PA-Boyce Griffith; J-Hoke
* The plaintiff, father of the 14-year-old defendant, seeks authority to sell the interest in real estate inherited by his son after the death of his mother, Nancy Ward Ingram Balderose. She owned a small interest in five tracts and parcels of land located on Trace Fork of Mud River. Janet Ingram owns all property except that willed to Eric Balderose.
Case number: 08-C-100

Sept. 10
Tony C. Dragoo vs. Chad Loftis, Tristan Trucking Inc., Loftis Logging Inc. and Chris Hughes
PA-Ronald G. Salmons; J-Hoke
* Dragoo seeks a temporary restraining order halting “timbering, trespassing, damaging, harvesting and any other action” on and to about 43 acres of property he owns in Duval District.
Case number: 08-C-101

Sept. 15
Raymond Ramey and April Ramey vs. Danie Ross and Tabitha Ross
PA-Sara Bird; J-Hoke
* The Rameys say Dannie Ross failed to provide “truth in lending” disclosures concerning a contract to purchase a lot in Hamlin and a mobile home rented from him. A question of using HUD funds toward purchasing, rather than renting property, was cited by the plaintiffs as violation of HUD policy. The complaint seeks compensatory damages, court costs and other relief.
Case number: 08-C-102

Thomas A. Dalton vs. Sandra Cooper
PA-C. Joseph Stevens; J-Hoke
* Dalton seeks a decree of partition for property on Big Branch of Big Harts Creek to enable its sale. Sandra Cooper of Colorado has a “small fractional interest” in the property willed to surviving children of Owen Dalton.
Case number: 08-C-104

Oct. 2
Patricia Davis and Joseph A. Bruder vs. Richard D. Chambers
PA-C. Joseph Stevens; J-Hoke
* Plaintiffs seek a partition of real estate interests on inherited property situated on Scary Creek of Middle Fork of Mud River. Davis and Bruder own 2/3 of the property, and Chambers — who lives in Massachusetts — owns the other third. If partition is not granted, plaintiffs seek the sale of the property and distribution of the proceeds.
Case number: 08-C-109

Oct. 8
Nationstar Mortgage vs. Jason and Donna Stanley
PA-Timothy J. Amos; J-Hoke
* Nationstar seeks to evict the couple from a Lincoln Heights address following a foreclosing sale Sept. 10. Magistrate Court usually hears eviction cases, but it was insisted that this one be filed in circuit court.
Case number: 08-C-110

Oct. 15
Denise A. Miller and Jeffrey H. Miller vs. Chase Auto Finance Corp.
PA-Daniel F. Hedges; J-Hoke
* The Millers allege “unlawful debt collection” stemming from the Spurlockville couple’s purchase of a vehicle in June 2007. In May 2008, with the loan in default, plaintiffs requested their account record and directed further communication to their attorney. No account record was provided, and the defendants and agent repeated called the Millers. They seek penalties of $4,300 for each of the defendant’s violations and other relief.
Case number: 08-C-113

Oct. 16
Barbara A. Williams vs. State Farm Fire and Casualty Co., Agent Robert A. Marshall
PA-Stephen E. Hastings; J-Hoke
* Williams seeks compensation and punitive damages she says State Farm should pay for the June 2007 fire loss of her home and bed-and-breakfast business in Vienna in Wood County. She claims State Farm “made offers to repair the subject home at values well below policy limits and … costs for actual repair.”
Case number: 08-C-116

Oct. 21
Judith Ann Johnson and Alan Johnson vs. Clayton Alford
PA-Stephanie D. Thacker; J-Hoke
* Johnson, a Lincoln County Commission administrator, seeks all damages “available by law” for allegedly being struck in the face by Alford as a political rally dispersed in October 2006 at Harts Middle School. Alford was a write-in candidate for sheriff. The complaint says Alford physically struck Mrs. Johnson in the face with his right hand during a “verbal dispute,” and she was treated for injuries. Alford was arrested and charged with assault and battery. His attorney, Kit Thornton, answered by asking for a million dollars in damages for, among other things, bodily injuries when “illegally and tortuously harmed by the premeditated actions of Judy Johnson and her collaborators.
Case number: 08-C-121

Oct. 30
Alicia Sue Linville, widow and administratix of the estate of Stephen D. Linville vs. Stephen W. Willis
PA-Herbert L. Lively II; J-Hoke
* Linville seeks compensatory and punitive damages against Willis, who is out of jail on bond and accused of shooting Linville fatally two times in the back in August 2008. Survivors include five of the victim’s children. Willis seeks dismissal, saying he was attacked by Linville.
Case number: 08-C-125

Oct. 31
William Valentine vs. Shawn Angel and Cosby Price
PA-Boyce Griffith; J-Hoke
* Valentine seeks $35,000 for landscape damage on his property off W.Va. 3 at Yawkey in November 2006. Angel allegedly operated a vehicle Price owned in a careless and negligent manner.
Case number: 08-C-126

Nov. 13
Samuel L. Payne vs. Olive Hill Trucking Inc. and John Doe defendants 1-5
PA-Jason M. Spears; J-Hoke
* A tandem axle dump truck owned by Olive Hill delivering maintenance materials for a road improvement project allegedly backed into Payne’s pickup. He seeks compensatory damages.
Case number: 08-C-130

Kelly G. Terry and Ricky S. Terry vs. Olive Hill Trucking Inc. and John Doe defendants 1-5
PA-Timothy L. Eves; J-Hoke
* A tandem axle dump truck owned by Olive Hill delivering maintenance materials for a road improvement project allegedly backed into a pickup. They seek compensatory damages.
Case number: 08-C-130

Nov. 25
Eastern American Energy Corp. vs. Donald Mosteller
PA-J. Hudson Hoosier; J-Hoke
* Complaint concerns access to oil and gas leasehold rights and a “road grant” to access property dating back to November 1975 agreements with Emma Mosteller. Eastern contends that in August 208 Mosteller “blocked plaintiff’s entry to property” and, in September, “damaged power lines and poles located on the property.” Eastern seeks injunction.
Case number: 08-C-135

Nov. 26
Benjamin Toney, Robin Toney, Steve C. Nichols and Victoria A. Nichols vs. Beneficial West Virginia Inc., Diana Critchfield and Tommy J. Dixon
PA-Daniel F. Hedges; J-Hoke
* Plaintiffs seek compensatory damages for predatory lending practices by Beneficial and two named employees. Beneficial seeks arbitration.
Case number: 08-C-136

Kathleen S. Dotson vs. Rite Aid of West Virginia Inc. and John Doe Inc.
PA-Timothy L. Eves; J-Hoke
* Dotson was injured in November 2008 when she slipped and fell “on a greasy spot” in the parking lot of the North Branchland Rite Aid. The company’s negligence resulted in “severe injuries and damages, including, but not limited to, a fractured radius of the left arm.”
Case number: 08-C-138

Dec. 11
Debra Allen, parent and next best friend of her infant child, A.A. vs. Diana Bice and Franklin Dotson
PA-Todd Bailess; J-Hoke
* Plaintiff seeks damages for injuries she and her daughter received in an October 2007 accident on Upper Mud River Road near Spurlockville. Dotson owned the car driven by Bice, who hit the vehicle driven by Allen’s daughter. She seeks compensatory damages for medical, therapy and counseling expenses and for the fair market value of a 1999 Chevrolet Cavalier.
Case number: 08-C-143

David Browning Jr. vs. Tashena Adams, Diana Tomblin, Clifford Tomblin
PA-Ronald G. Salmons; J-Hoke
* Browning seeks an injunction for being prevented from “accessing, living in, selling or moving” his modular home. He claims he and his spouse Bess Browning contracted in October 2001 to buy the home that was moved in January 2005 to property in Harts owned by Vickie Adams. Browning and Tashena Adams lived with the girl’s mother until she died in February 2007. The next year the respondents or agents placed posts, chains and No Trespassing signs on the property.
Case number: 08-C-144

Dec. 15
Carl Holdren and Mary Holdren vs. Saxon Mortgage Services LLC
PA-Bren J. Pomponio; J-Hoke
* The 19-year residents of Sumerco accuse Saxon of predatory lending.
Case number: 08-C-145

Dec. 17
Lucian T. Jones Jr. and Bonnie M. Jones vs. Bridget Dodson
PA-Richard Neely; J-Hoke
* A dispute exists over the location of construction by Dodson to move her existing store into a new building off W.Va. 10 at Harts. The plaintiffs seek injunctive relief to prevent encroachment on an established alleyway that provides convenient access for large trucks servicing their commercial property and use by Dodson of their private storm drain to dispose of the waste water from her new building.
Case number: 08-C-147

Dec. 22
David Johnson vs. Carlos “Dickie” Hodge dba R&D Used Cars Inc.
PA-Sara Bird; J-Hoke
* Johnson purchased a 1994 Jeep Cherokee from Hodge last August. He says Hodge failed to provide odometer disclosures and suppressed such defects as a slipping transmission and rusted oil coil spring bracket. Hodge refused to make repairs, according to the complaint. He seeks compensatory damages for the breach of warranty, fraud and unconscionable contract. He also seeks attorney fees and costs.
Case number: 08-C-148

Jan. 2
Patricia L. Frazier v. James M. Frazier
PA – Brent K. Kesner: J – Jay Hoke
* The complaint says James Frazier was operating a motorcycle on Ohio 104 near Morgan on June 15, 2008, when he collided with another vehicle, throwing Patricia, who was a passenger on the motorcycle, to the roadway. Patricia alleges she’s suffered permanent injuries as a result of the crash. She’s seeking compensatory damages, legal fees and pre- and post-judgment interest.
Case number: 09-C-2

Jan. 6
Scott Hutchinson Enterprises v. Albert and Regina Sandoval
PA – Bert Ketchum: J – Jay Hoke
* The plaintiff claims the defendants signed a six-month lease in December 2007 to occupy 6,000 square feet in a Branchland building, but vacated the space in February 2008, breaking the lease. The plaintiff is seeking compensatory damages.
Case number: 09-C-3

Jan. 23
Lila Miller v. Heather Brickles
PA – William T. Forester: J – Jay Hoke
* Miller, of Sod, is seeking $150,000 for her injuries sustained in a May 2007 car crash. Miller claims that Brickles rear-ended her as she tried to make a left hand turn onto Midway Road near Alum Creek.
Case number: 09-C-7

Jan. 30
Carl D. and Jana Harper v. Carmichael Equipment and John Deere and Co.
PA – Brent K. Kesner: J- Jay Hoke
* Carl D. Harper claims he was operating a John Deere riding lawnmower on June 28, 2007 that had been serviced numerous times by Carmichael. Harper claims he was mowing around a tree when the tractor went over an embankment and Harper was thrown from the seat. The lawsuit claims the tractor’s kill-switch didn’t work and the mower blades severed several of Harper’s fingers and removed tissue from his hand. He’s seeking compensatory damages and legal costs.
Case number: 09-C-1

Feb. 5
Patricia Casto, Helen A. McLemore, Mary L. Farmer Rhodes and Jimmie Farmer v. Betty Lew Farmer, individually and as executrix of the estate of Clarence R. Farmer and Susan Sowards
PA – Timothy J. LaFon: J – Jay Hoke
* The plaintiffs allege that Clarence R. Farmer was “physically and mentally infirm with ailments and diseases that left him incompetent to understand his affairs” when he executed his will. The plaintiffs allege the defendants used the deceased’s diminished capacity to draft a will that disinherited them. They are seeking compensatory and punitive damages.
Case number: 09-C-9

Feb. 9
James L. Marker v. Melinda K. Ray and Patrick Weaver
PA – Greg R. Lord: J – Jay Hoke
* The plaintiff claims he made Weaver his power of attorney in 2006 and subsequently left his Sod property to live in a personal care home in Kanawha County. Marker claims that Weaver then sold his property for $50,000 to Ray and then sold all his possessions. When Marker revoked Weaver’s power of attorney status, he claims the defendant turned over a check for $4,972, saying that was all the money left that belonged to Marker. The plaintiff wants his property back and other damages.
Case number: 09-C-14

Feb. 12
FIA Card Services v. Pamela White
PA – James B. Atkins: J – Jay Hoke
* The plaintiff seeks $40,922 of a Bank of America credit card balance belonging to White, of Alum Creek.
Case number: 09-C-15

Feb. 12
American Commercial Lines LLC vs. Grace Marcum, as personal representative of the estate of Brian Edwin Messinger Jr., deceased
PA-Michael J. Farrell; J-Hoke
* ACL was granted a Petition for Subpoena In Aid of Discovery in Foreign Proceeding with regard to an earlier complaint against it by Grace Marcum. The company, based in St. Louis, asked for records from the Lincoln County Bureau of Child Support Enforcement regarding payments by decedent Brian E. Messinger to Sylvia Williams for Laiken Williams. Marcum filed suit in St. Louis against ACL regarding Messinger’s death. In November 2007, he was on a crew on an M/V Jeffboat on the Mississippi River near LeClaire, Iowa, when he suffered injuries that caused his death. Marcum is the mother of Messinger’s daughter Kaitlyn B. Messinger. Marcum seeks damages in excess of $25,000, court costs and other relief.
Case number: 09-C-17

March 6
Chase Bank USA NA vs. Roy D. Mullins
PA-Ashley A. Lawson; J-Hoke
* Chase says the Ferrellsburg resident owes more than $13,000 on an account. It seeks that amount plus costs.
Case number: 09-C-20

March 11
Ford Motor Credit LLC vs. Vincent C. McCoy
PA-Steven B. Mulrooney; J-Hoke
* Ford seeks to collect a balance of $10,813 it says McCoy owes from a $25,000 installment contract of September 2005 to purchase a new vehicle.
Case number: 09-C-22

March 16
Clear Fork Gas Co. vs. Conpetro Inc.
PA-Melissa M. Rounds; J-Hoke
* The Huntington-based plaintiff seeks compensatory damages for Conpetro’s failure to develop oil and gas production and pay royalties on subleased property. Clear Fork also seeks to have its sublease with Conpetro terminated.
Case number: 09-C-23

March 17
Viking Video and Music Inc. vs. Mark Cantrell dba The Green Spot III
PA-Michael DelGuidice; J-Hoke
* The plaintiff, based in Logan, has leased video lottery machines to a Green Spot location in Lincoln County and seeks judgment of $10,300 to cover a bad check and unpaid leasing fees, plus pre- and post-judgment interests, attorney fees and court costs.
Case number: 09-C-24

March 19
Cavalry SPV I LLC vs. Retta Chaney
PA-Daniel T. Booth; J-Hoke
* The New York lender seeks almost $10,000 it says the Midkiff woman owes from a 2003 note and agreement.
Case number: 09-C-25

Beneficial West Virginia Inc. vs. Robin Toney and Benjamin Toney
PA-Teresa K. Fuchs; J-Hoke
* The Barboursville lender says the Harts couple owes $32,683 plus interest on a 2002 loan agreement.
Case number: 09-C-26

March 24
David Tackett vs. Coal River Mining LLC and Loadout LLC
PA-Pamela A. Lambert; J-Hoke
* The Harts Creek plaintiff says a large rock fell on him from the roof of the defendants’ Fork Creek No. 1 underground mine near Alum Creek in April 2007. He alleges the coal companies had knowledge of the existence of the specific unsafe working condition, the risk and possiblility of serious injury or death.
Case number: 09-C-27

March 25
Pamela Toney, administratrix of the estate of Edward Wayne Toney vs. Carolyn Bell
PA-Bruce L. Freeman; J-Hoke
* In November 2008, a vehicular accident on W.Va. 10 killed Edward Wayne Toney when his motorcycle was hit by a vehicle driven by Bell. The plaintiff seeks damages.
Case number: 09-C-28

March 26
Terry and Helen Adams and Jeremiah and Heather Fuller v. Harley-Davidson Motor Co. Inc., Benjy’s Enterprises, Allstate Insurance Co. and Joe Freme
PA – Travis A. Griffith: J – Jay Hoke
* The plaintiffs seek damages, saying a Harley-Davidson motorcycle they had parked in a garage exploded, causing a fire.
Case number: 09-C-30

March 27
Robert W. Smith and Lisa Marie Turner v. East Resources Inc. and John Does 1-10
PA – Francis M. Curnutte: J – Jay Hoke
* The plaintiffs claim they were injured while riding motorcycles on Garretts Bend Road and hit some rocks, gravel and other debris in the road. The plaintiffs claim the defendants were negligent in keeping that section of the road safe.
Case number: 09-C-31

March 30
Larry R. and Carolyn E. Wiggins v. Coal Transport Inc., Argus Energy and Tom Mullins
PA – Frank Venezia: J – Jay Hoke
* The plaintiffs say Larry drove a coal truck for Coal Transport. In 2007, the plaintiffs say the “jake brake” on the truck failed, causing Larry to have to drive the truck onto an escape ramp. The ramp was allegedly blocked, and the coal truck rose in the air and came down violently, causing injury to Larry.
Case number: 09-C-32

April 2
Gary Pauley, individually and as executor of the estate of Janet Pauley v. John L. Butler
PA – Ronald G. Salmons: J – Jay Hoke
* The plaintiff is suing over a dispute concerning a piece of property along Little Coal River Road. Both the plaintiff and the defendant claim ownership of the property.
Case number: 09-C-33

April 3
Mary Sue Satterfield, as executrix of the estate of Millard F. Maynard Jr. v. Kevin Craig Maynard
PA – Ronald G. Salmons: J – Jay Hoke
* The plaintiff wants to sell a piece of property in West Hamlin and convey a portion of the sale to her brother, the defendant, who is incarcerated in a New Jersey treatment center.
Case number: 09-C-34

April 21
Harold G. Miller v. West Virginia Division of Motor Vehicles, Commissioner Joe E. Miller
PA — Wendle D. Cook: J – William Stewart Thompson
* The plaintiff, from South Charleston, seeks a reversal of the commissioner’s order revoking his driving privileges for six months for drunk driving. The plaintiff says his job depends on his having a license.
Case number: 09-C-95

April 24
Chester L. Mitchell v. Massey Energy Co., Massey Coal Services Inc., and Independence Coal Co. Inc.
PA — Mark A. Atkinson: J – William Stewart Thompson
* The plaintiff says he was unlawfully fired from his job as a bulldozer operator and belt foreman.
Case number: 09-C-97

April 30
Security National Auto Accpt. Corp. v. Aaron M. Bolden
PA — Daniel T. Booth: J – William Stewart Thompson
* The plaintiff, a loan company, says the defendant owes more than $10,500 plus 16.9 percent interest since Sept. 2008. The lawsuit says the defendant owes for an automobile he bought while stationed at Fort Hood, Texas.
Case number: 09-C-101

May 1
Roma A. McComas and Deborah McComas v. Independence Coal Co. Inc., and Massey Coal Services
PA — C. Joseph Stevens: J – William Stewart Thompson
* Roma was employeed by the defendants and says he was fired in January for giving a deposition supporting the plaintiff in a lawsuit against the defendants.
Case number: 09-C-103

State of West Virginia and U.S. 119 Drug Task Force v. 2000 Nissan Frontier, $1,275 in cash and Robert D. Kirk
PA — Justin A. Marlowe: J – William Stewart Thompson
* The state and task force seek the forfeiture of the Nissan, the cash and three prescription dgus found during a search warrant executed in Danville. Kirk was cited for transporting drugs in the Nissan on March 20.
Case number: 09-C-104

May 8
Joseph B. Pauley and Melissa D. Pauley vs. Carlos “Dickie” Hodge dba R&D Used Cars Inc.
PA-Sara Bird; J-Hoke
* The Yawkey couple claim breach of warranty, fraud, failure to provide odometer and truth in lending disclosures as well as unconscionable contract resulting from the sale by Hodge in July 2008 of a 1998 automobile that they claim required $2,200 in repairs. They seek compensatory damages, attorney fees, court costs and other relief.
Case number: 09-C-47

May 14
Betty Anderson, administratrix of the estate of James Henry Pauley II vs. Betty Anderson, Dewayne Morris, Phyllis Pauley, Michael Pauley, Suzanne Pauley, Anita Maroney and James H. Pauley III
PA-Jerry D. Alford; J-Hoke
* Anderson filed suit to determine heirship and subject his real estate holdings to sale for payment of expenses and debts.
Case number: 09-C-49

May 22
Sue Evans vs. Lawrence Smith, Tammy Roberts and David Roberts
PA-Ronald G. Salmons; J-Hoke
* Evans, a West Hamlin resident since about November 1982, sought and was granted a temporary restraining order directed at her neighbor and their “agent or employee” Roberts for trespassing by blocking her driveway with heavy machinery and “causing a nuisance.”
Case number: 09-C-50

May 26
Ray Junior Frye vs. Carlos “Dickie” Hodge dba R&D Used Cars Inc.
PA-Sara Bird; J-Hoke
* Frye assumed payments on is brother’s vehicle purchase earlier this year. Frye says he paid $300 and signed a new contract to take over payments on a 1997 Monte Carlo. Less than two months later, he says “the vehicle seized up and cannot be driven.” Hodge refuses to make repairs, he claims. He seeks compensatory damages, penalties, attorney fees, court costs and other relief.
Case number: 09-C-51

May 28
Emilee Stone, executrix of the state of Iva Ellen Smith vs. (18) Heirs
PA-Steven M. Thorne; J-Hoke
* Stone petitions for approval to sell a considerably old Sheridan District parcel of land of some two acres for $14,000 and divide proceeds among heirs.
Case number: 09-C-55

June 1
Brian Cyrus vs. Appalachian Stream Restoration LLC c/o Anthony Jason White, designated agent
PA-M. David Griffith Jr.; J-Hoke
* Cyrus owns 25 percent interest in the defendant LLC. He seeks to dissociate and obtain a purchase offer. He cites certain financial omissions in the Sumerco company’s valuation of his interest and cites “suspect expenses” in his latest available balance sheet. He suggests a purchase price of $110,000 for his interest. The complaint asks the court to appoint an appraiser to flesh out accounting details and award pre- and post-judgment interest and reasonable attorney fees and expenses.
Case number: 09-C-56

West Virginia Department of Transportation, Department of Highways vs. James E. Spurlock et al and Lincoln County Sheriff
PA-Raymond A. Nolan; J-Hoke
* DOH applied for the right to condemn and appropriate for public use just over a mile of property in the Laurel Hill District to construct a federal aid project called the Midkiff Truss Bridge. Defendant refused to accept the state’s $700 right-of-way offer.
Case number: 09-C-57

West Virginia Department of Transportation, Department of Highways vs. King Enterprises Inc., Chesapeake Appalachia LLC and Lincoln County Sheriff
PA-Raymond A. Nolan; J-Hoke
* DOH was given the go-ahead to condemn for public use a small portion of property from defendant energy companies to make access improvements off W.Va. 3 to Lincoln County High School. The state’s fair market value offer of $900 was not accepted.
Case number: 09-C-58

June 17
Horse Creek Land & Mining Co. Inc. vs. McClure Logging Inc.
PA-Thomas Persinger; J-Hoke
* Complaint says the Alkol logger trespassed on Horse Creek property and cut and removed saw timber quality trees with a total value of not less than 111,000 board feet with a value of at least $45,000. Plaintiff seeks jury award of $45,000 with interest, court costs and attorney fees.
Case number: 09-C-73

June 22
Harley-Davidson Financial Services Inc. vs. Paula Randall Simpson and George R. Simpson
PA-Ryan S. Marsteller; J-Hoke
* Complaint says the Simpsons are responsible for more than $22,600 of a defaulted contract to purchase a 2004 model used bike. The finance company seeks the amount of the unpaid contract or repossession of the vehicle plus interest and court costs.
Case number: 09-C-74

July 6
Marty and Abigail McClure vs. Chesapeake Appalachia LLC, True Line Surveying Inc. and Does 1-10
PA-Joel Baker; J-Hoke
* The McClure say the defendants unlawfully cut and removed timber then drilled a natural gas well on their property. They seek compensatory, exemplary and punitive damages jointly and severally including compensation for natural gas extracted to date.
Case number: 09-C-76

July 29
Jennifer J. Bragg vs. Andrew Adkins and Joseph Adkins and Sheriff’s Deputy Lee Preece Jr.
PA-W. Dale Greene; J-Hoke
* Bragg says there was no legal process when defendants sought to procure personal property of Jack Adkins, deceased brother of Andrew and Joseph Adkins, from Bragg’s residence at Palermo on July 30, 2008. She says the deputy broke the door of her home and pushed her into rear of a police cruiser. She seeks compensatory damages for personal injuries, punitive damages, pre- and post-judgment interest, court costs and attorney fees.
Case number: 09-C-83

Aug. 4
Wallace Turley and Gwendolyn J. Turley vs. Jimmy Turley
PA-C. Joseph Stevens; J-Hoke
* The couple wants a court order for defendant to vacate a premises they own because of is undesirable behavior.
Case number: 09-C-87

Aug. 10
Savannah Lovejoy, infant, and Dianna Lovejoy, her guardian and next friend, and Dianna Lovejoy and Danny Lovejoy vs. Dr. Robert W. Letton Jr., MD, and Charleston Area Medical Center
PA-Kimberly E. Williams; J-Hoke
* On Dec. 30, 2005, Letton operated on Savannah in an attempted laparoscopic Nissen fundoplication, according to the complaint. It says he lacerated her spleen, and a sponge was not removed after surgery. They accuse him of medical malpractice and battery for “intentionally touching and removing … appendix without prior medical authorization.”
Case number: 09-C-91

Aug. 21
Larry D. Allen and Kathy Allen vs. Pettey Oilfield Service Inc. and Dennis Eastham
PA-Jerry D. Alford; J-Hoke
* The Yawkey couple’s suit against the company and its employee seeks compensatory damages of more than $500,000 for injuries suffered in a November 2007 wreck on W.Va. 3 near Hamlin. They cite at least $60,000 in medical expenses.
Case number: 09-C-99

Aug. 24
Julie Prichard and Joshua Yeager vs. Kristina Jones and Lincoln County Commission
PA-Vic Navy; J-Hoke
* The plaintiffs question the handling of the estate of Brenda Lee Yeager, who died in July 2008. Jones was named administratrix of the estate by the Commission in September 2008. In August, the plaintiffs moved to re-open the estate to challenge final disposition. That motion was denied. They seek Partition and Quiet Title Deed. On Sept. 10, Jones’ answer was filed seeking the complaint be dismissed and that she be allowed attorney fees and court costs.
Case number: 09-C-100

Sept. 3
Lincoln County Board of Education vs. Mohammed I. Quasim Ranavaya and Lincoln County Sheriff
PA-Mark D. Clark; J-Hoke
* The Board petitioned to condemn land for public use in the Harts Creek District for construction of the Harts Community School PreK-8. Fair market value deposit of $40,000 was made.
Case number: 09-C-104

Sept. 10
Lincoln County Board of Education vs. Any and All Persons Claiming Any Right or Interest in Beech Street Closed by Lincoln County Commission’s Order of August 3, 1981
PA-James W. Gabehart; J-Hoke
* The Board petitioned to quiet title of the long closed street in Branchland that runs along Guyan Valley Middle School. The Court ordered a public hearing Nov. 20 for persons to contest finalizing title of the closed street to the school board.
Case number: 09-C-105

Oct. 9
Michael T. Donnally vs. Betty Lucas
PA- Michael S. Bailey; J- Jay M. Hoke
* Donnally wants a jury to “fairly compensate him” for injuries and property damage he complains was caused by the uninsured/underinsured Lincoln County woman in October 2007 when his pickup truck was rear ended on W.Va. Route 10 in West Hamlin.
Case number: 09-C-110

Oct. 13
Nancy A. Steele vs. Boyce A. Griffith
PA- Greg R. Lord; J- Jay M. Hoke
* As widow of Lonzo Steele, Nancy Steele hired attorney Griffith to pursue her marital share of her late husband’s estate; his son had been appointed executor in July 2007. Later that month, her complaint says Griffith filed a “Petition for Elective Share” with the Lincoln County Commission, but did not obtain a hearing date as required by State law. The Commission closed the Lonzo Steele estate without ever having a hearing on the widow’s elective share. She seeks jury determination of damages for her elective estate share, plus interest from the date the original petition was filed.
Case number: 09-C-111

West Virginia Department of Transportation, Division of Highways vs. Melvin and Robin Shanteau, Wells Fargo Home Mortgage and Lincoln County Sheriff
PA- Raymond A. Nolan; J- Jay M. Hoke
* State Highways Division seeks jury approval to condemn a portion of Shanteau property needed for the Midkiff Truss Bridge project relative to relocating Lincoln County Route 48. The State agency’s offer of $12,800 for the property was refused.
Case number: 09-C-112

Oct. 15
Vanderbilt Mortgage and Finance Inc. vs. John D. Mosteller
PA- Marc B. Lazenby; J- Jay M. Hoke
* Default on an $85,879 loan for real estate in Sod resulted in a foreclosure sale last September. The Tennessee Plaintiff made the highest bid of $25,000 and seeks a Court Order for immediate possession of the Donley Fork property, saying Mosteller has refused to vacate.
Case number 09-C-114

Oct. 14
Citimortgage Inc. vs. Freddy K. Carver Jr.
PA- E. Taylor George; J- Jay M. Hoke
*Mortgage company is suing for repossession of a mobile home in Harts valued at $62,674. Citimortgage says past due loan payments have reached $4,680 and the Complaint also seeks fair rental value during the time detained, plus court cost and fees.
Case number: 09-C-117

October 26
Citibank South Dakota N.Z. vs. Angela Goddard
PA- Robert E. Stenett, Steven B. Mulrooney; J- Jay M. Hoke
* Kansas City-based bank seeks a contract debt of $25,145, plus interest, from the Branchland defendant. Goddard responded Nov. 5 that she gave power of attorney to an agency, Credit Solutions, to settle her debt.
Case number: 09-C-118

Thomas S. Clark vs. Ronnie A. Clark
PA- Ronald G. Salmons; J- Jay M. Hoke
* Thomas Clark petitions for a Temporary Restraining Order, Permanent Injunctive Relief and Declaratory Judgment against his uncle for interfering with his right to visit and maintain the “Clark Cemetery” on the waters of Flat Creek. Ronnie Clark inherited property surrounding the cemetery, but his nephew says on, or about Sept. 9 he was “harassed, intimidated and threatened…with a hand gun” when attempting to visit the cemetery. The complaint cites State law that family members, close friends and descendants of deceased persons be allowed access to graves.
Case number: 09-C-119

Estate of Beatrice Adkins by Gloria Jean Tomblin, Executrix/Administratrix, and Gloria J. Tomblin, individually as an heir vs. Danny C. Adkins, Robin K. Adkins
PA- David L. Hill; J- Jay M. Hoke
* Complaint seeks Declaratory Judgment to determine rightful owner of some five acres of property near Ranger involved in Beatrice Adkins’ will that is pending in Court.
Case number: 09-C-121

October 29
Donna K. Cooper vs. Boone County Ambulance Authority, John/Jane Doe, individually and as employees
PA- Drew S. Woods; J- Jay M. Hoke
* Coopers, as a couple, seek personal injury jury awards of compensatory damages, pre- and post-judgment interest, attorney’s fees and costs resulting from a March 2008 vehicle accident. The Alkol woman says Ambulance Number 22 caused her to be forced off Left Fork Road and strike an adjacent ditch.
Case number: 09-C-122

November 12
Jack T. Saunders vs. James K. Saunders, et al.
PA- Boyce Griffith; J- Jay M. Hoke
* Saunders wants 14 acres of property near Monaville, W.Va., partitioned in kind, or by sale. The property is in the name of James K. Saunders, deceased, through a longtime deed recorded in Lincoln County. Among surviving children was the deceased Jack T. Saunders Sr., father of the Petitioner. The living J.T. Saunders “does now allege that he is a co-owner of said property…” A number of J.K. Saunders’ survivors are deceased or cannot be located.
Case number: 09-C-125

November 20
Michelle Adkins, next friend and parent of Richard Adkins Jr., and Michelle and Richard Adkins Sr., individually vs. Lincoln County Board of Education
PA- Paul E. Biser; J- Jay M. Hoke
* Adkins’ personal injury suit faults the School Board for their 7-year-old son’s injuries last May on the playground at Harts Primary School. During recess, the Complaint says Richard Jr. was standing on top of a slide when another student pushed him and he slid down head first. Attempting to stop himself, the Adkins’ say, the boy fractured his arm, dislocated his elbow and landed off the end of the slide where there was no proper ground cover. Charging the School Board was “negligent, careless and reckless,” they seek jury determination of adequate compensation, plus interest and costs.
Case number: 09-C-130

Nov. 13
Darlene Blevins, Administratrix of the Estate of Charlie Farley, and Darlene Blevins, in her own right vs. O’Dell Farley
PA- Boyce Griffith; J- Jay M. Hoke
* Blevins petitioned for injunction to restrain Farley from interfering with e right to be on Harts Creek District property involved in inheritance. Judge Hoke granted a temporary restraining order and scheduled a hearing for Nov. 23.
Case number: 09-C-126

Nov. 29
HSBC Bank Nevada, NA vs. Gary L. Bias and Contego Law, PC, Third-Party defendant
PA- James B. Atkins; J- Jay M. Hoke
* HSBC went to magistrate court claiming the Alkol man owed a $1,407 debt. The case was removed to circuit court on defendant’s motion. Contego’s Anthony J. Majestro and J.C. Powell filed an answer, counterclaim and third-party complaint for Bias contending, among other things, that HSBC Bank Nevada violated the West Virginia Consumer Credit and Protection Act. They seek jury trail.
Case number: 09-C-129

Dec. 1
Nationwide Mutual Insurance Co. vs. Nessel Law Firm
PA- Kevin P. Davis; J- Jay M. Hoke
* Nationwide says it paid a total of $4,000 for medical claims to Nessel on behalf of two insured clients; but amicable attempts to collect “subrogation interests” have failed. The insurance company wants a jury to award compensatory damages, plus allowable interest and legal expenses.
Case number: 09-C-134

Dec. 21
Rebecca Bryant vs. Branchland Food Market, Inc. d/b/a Branchland IGA
PA- Donald R. Jarrell; J- Jay M. Hoke
* Bryant’s personal injury suit says the grocer failed to place a warning sign near coolers where the floor was wet, resulting in her injuries in May 2008. She demands jury judgment in an amount equal to or in excess of jurisdictional limits, plus legal costs and pre- and post-judgment interests.
Case number: 09-C-139